in Re Texas Department of Family and Protective Services















MEMORANDUM OPINION



No. 04-08-00938-CV

IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Original Mandamus Proceeding (1)

PER CURIAM



Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice



Delivered and Filed: March 25, 2009



PETITION FOR WRIT OF MANDAMUS DISMISSED

On December 31, 2008, the Texas Department of Family and Protective Services, relator, filed a petition for a writ of mandamus. On March 17, 2009, the Department filed a first amended petition for a writ of mandamus. On March 18, 2009, the Department filed a motion to dismiss its mandamus petition pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). The court has determined the motion to dismiss should be granted. See Tex. R. App. P. 42.1(a)(1). Accordingly, the motion is granted and the Department's first amended petition for a writ of mandamus is dismissed.

PER CURIAM

1. This proceeding arises out of Cause No. 2001-PA-2118, styled In the Interest of J.G., filed in the 37th Judicial District Court, Bexar County, Texas, the Honorable David A. Berchelmann, Jr. presiding.